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Disability Discrimination Act 1995

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Point in time view as at 01/09/2002.

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SCHEDULES

Section 1(1).

SCHEDULE 1E+W+S+N.I. Provisions Supplementing Section 1

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Extent Information

E1In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

ImpairmentE+W+S+N.I.

1(1)Mental impairment” includes an impairment resulting from or consisting of a mental illness only if the illness is a clinically well-recognised illness.E+W+S+N.I.

(2)Regulations may make provision, for the purposes of this Act—

(a)for conditions of a prescribed description to be treated as amounting to impairments;

(b)for conditions of a prescribed description to be treated as not amounting to impairments.

(3)Regulations made under sub-paragraph (2) may make provision as to the meaning of “condition” for the purposes of those regulations.

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Commencement Information

I1Sch. 1 para. 1 wholly in force at 30.5.1996; Sch. 1 para. 1 not in force at Royal Assent see s. 70(3); Sch. 1 para. 1 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 1 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Long-term effectsE+W+S+N.I.

2(1)The effect of an impairment is a long-term effect if—E+W+S+N.I.

(a)it has lasted at least 12 months;

(b)the period for which it lasts is likely to be at least 12 months; or

(c)it is likely to last for the rest of the life of the person affected.

(2)Where an impairment ceases to have a substantial adverse effect on a person’s ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to recur.

(3)For the purposes of sub-paragraph (2), the likelihood of an effect recurring shall be disregarded in prescribed circumstances.

(4)Regulations may prescribe circumstances in which, for the purposes of this Act—

(a)an effect which would not otherwise be a long-term effect is to be treated as such an effect; or

(b)an effect which would otherwise be a long-term effect is to be treated as not being such an effect.

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Commencement Information

I2Sch. 1 para. 2 wholly in force at 30.5.1996; Sch. 1 para. 2 not in force at Royal Assent see s. 70(3); Sch. 1 para. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Severe disfigurementE+W+S+N.I.

3(1)An impairment which consists of a severe disfigurement is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities.E+W+S+N.I.

(2)Regulations may provide that in prescribed circumstances a severe disfigurement is not to be treated as having that effect.

(3)Regulations under sub-paragraph (2) may, in particular, make provision with respect to deliberately acquired disfigurements.

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Commencement Information

I3Sch. 1 para. 3 wholly in force at 30.5.1996; Sch. 1 para. 3 not in force at Royal Assent see s. 70(3); Sch. 1 para. 3 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 3 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Normal day-to-day activitiesE+W+S+N.I.

4(1)An impairment is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities only if it affects one of the following—E+W+S+N.I.

(a)mobility;

(b)manual dexterity;

(c)physical co-ordination;

(d)continence;

(e)ability to lift, carry or otherwise move everyday objects;

(f)speech, hearing or eyesight;

(g)memory or ability to concentrate, learn or understand; or

(h)perception of the risk of physical danger.

(2)Regulations may prescribe—

(a)circumstances in which an impairment which does not have an effect falling within sub-paragraph (1) is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities;

(b)circumstances in which an impairment which has an effect falling within sub-paragraph (1) is to be taken not to affect the ability of the person concerned to carry out normal day-to-day activities.

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Commencement Information

I4Sch. 1 para. 4 wholly in force at 30.5.1996; Sch. 1 para. 4 not in force at Royal Assent see s. 70(3); Sch. 1 para. 4 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 4 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Substantial adverse effectsE+W+S+N.I.

5Regulations may make provision for the purposes of this Act—E+W+S+N.I.

(a)for an effect of a prescribed kind on the ability of a person to carry out normal day-to-day activities to be treated as a substantial adverse effect;

(b)for an effect of a prescribed kind on the ability of a person to carry out normal day-to-day activities to be treated as not being a substantial adverse effect.

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Commencement Information

I5Sch. 1 para. 5 wholly in force at 30.5.1996; Sch. 1 para. 5 not in force at Royal Assent see s. 70(3); Sch. 1 para. 5 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 5 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Effect of medical treatmentE+W+S+N.I.

6(1)An impairment which would be likely to have a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities, but for the fact that measures are being taken to treat or correct it, is to be treated as having that effect.E+W+S+N.I.

(2)In sub-paragraph (1) “measures” includes, in particular, medical treatment and the use of a prosthesis or other aid.

(3)Sub-paragraph (1) does not apply—

(a)in relation to the impairment of a person’s sight, to the extent that the impairment is, in his case, correctable by spectacles or contact lenses or in such other ways as may be prescribed; or

(b)in relation to such other impairments as may be prescribed, in such circumstances as may be prescribed.

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Commencement Information

I6Sch. 1 para. 6 wholly in force at 30.5.1996; Sch. 1 para. 6 not in force at Royal Assent see s. 70(3); Sch. 1 para. 6 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 6 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Persons deemed to be disabledE+W+S+N.I.

7(1)Sub-paragraph (2) applies to any person whose name is, both on 12th January 1995 and on the date when this paragraph comes into force, in the register of disabled persons maintained under section 6 of the M1Disabled Persons (Employment) Act 1944.E+W+S+N.I.

(2)That person is to be deemed—

(a)during the initial period, to have a disability, and hence to be a disabled person; and

(b)afterwards, to have had a disability and hence to have been a disabled person during that period.

(3)A certificate of registration shall be conclusive evidence, in relation to the person with respect to whom it was issued, of the matters certified.

(4)Unless the contrary is shown, any document purporting to be a certificate of registration shall be taken to be such a certificate and to have been validly issued.

(5)Regulations may provide for prescribed descriptions of person to be deemed to have disabilities, and hence to be disabled persons, for the purposes of this Act.

(6)Regulations may prescribe circumstances in which a person who has been deemed to be a disabled person by the provisions of sub-paragraph (1) or regulations made under sub-paragraph (5) is to be treated as no longer being deemed to be such a person.

(7)In this paragraph—

  • certificate of registration” means a certificate issued under regulations made under section 6 of the Act of 1944; and

  • initial period” means the period of three years beginning with the date on which this paragraph comes into force.

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Marginal Citations

Progressive conditionsE+W+S+N.I.

8(1)Where—E+W+S+N.I.

(a)a person has a progressive condition (such as cancer, multiple sclerosis or muscular dystrophy or infection by the human immunodeficiency virus),

(b)as a result of that condition, he has an impairment which has (or had) an effect on his ability to carry out normal day-to-day activities, but

(c)that effect is not (or was not) a substantial adverse effect,

he shall be taken to have an impairment which has such a substantial adverse effect if the condition is likely to result in his having such an impairment.

(2)Regulations may make provision, for the purposes of this paragraph—

(a)for conditions of a prescribed description to be treated as being progressive;

(b)for conditions of a prescribed description to be treated as not being progressive.

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Commencement Information

I7Sch. 1 para. 8 wholly in force at 30.5.1996; Sch. 1 para. 8 not in force at Royal Assent see s. 70(3); Sch. 1 para. 8 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 1 para. 8 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Section 2(2).

SCHEDULE 2E+W+S+N.I. Past Disabilities

1The modifications referred to in section 2 are as follows.E+W+S+N.I.

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Commencement Information

I8Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

2References in Parts II [F1to 4] to a disabled person are to be read as references to a person who has had a disability.E+W+S+N.I.

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Amendments (Textual)

F1Sch. 2 para. 2: words “to 4” substituted for words “and III” (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(11) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Commencement Information

I9Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

[F22AReferences in Chapter 1 of Part 4 to a disabled pupil are to be read as references to a pupil who has had a disability.]E+W+S

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Amendments (Textual)

F32BReferences in Chapter 2 of Part 4 to a disabled student are to be read as references to a student who has had a disability.E+W+S

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Amendments (Textual)

3In section 6(1), after “not disabled” insert “ and who have not had a disability”.E+W+S+N.I.

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Commencement Information

I10Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

4In section 6(6), for “has” substitute “ has had”.E+W+S+N.I.

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Commencement Information

I11Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

[F44AIn section 28B(3)(a) and (4), after “disabled” insert “or that he had had a disability”.]E+W+S

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Amendments (Textual)

F4Sch. 2 paras. 4A-4E inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(13) (with s. 43(13); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F54BIn section 28C(1), in paragraphs (a) and (b), after “not disabled” insert “and who have not had a disability”.E+W+S

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Amendments (Textual)

F64CIn section 28S(3)(a) and (4), after “disabled” insert “or that he had had a disability”.E+W+S

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Amendments (Textual)

F74DIn subsection (1) of section 28T, after “not disabled” insert “and who have not had a disability”.E+W+S

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Amendments (Textual)

F7Sch. 2 paras. 4A-4E inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(13) (with s. 43(13); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F84EIn that subsection as substituted by paragraphs 2 and 6 of Schedule 4C, after “not disabled” insert “and who have not had a disability”.E+W+S

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Amendments (Textual)

5For paragraph 2(1) to (3) of Schedule 1, substitute—E+W+S+N.I.

(1)The effect of an impairment is a long-term effect if it has lasted for at least 12 months.

(2)Where an impairment ceases to have a substantial adverse effect on a person’s ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect recurs.

(3)For the purposes of sub-paragraph (2), the recurrence of an effect shall be disregarded in prescribed circumstances.

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Commencement Information

I12Sch. 2 wholly in force at 30.5.1996; Sch. 2 not in force at Royal Assent see s. 70(3); Sch. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(m); Sch. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(1)

Sections 8(8) and 25(6).

SCHEDULE 3E+W+S+N.I. Enforcement and Procedure

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Extent Information

E2In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Part IE+W+S+N.I. Employment

ConciliationE+W+S+N.I.

F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F9Sch. 3 para. 1 repealed (E.W.S.)(22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38) and (N.I.)(24.9.1996) by S.I. 1996/1921 (N.I.18), art. 28, Sch. 3 (with Sch. 2)

Restriction on proceedings for breach of Part IIE+W+S+N.I.

2(1)Except as provided by section 8, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Part II.E+W+S+N.I.

(2)Sub-paragraph (1) does not prevent the making of an application for judicial review.

Period within which proceedings must be broughtE+W+S+N.I.

3(1)An [F10employment tribunal] shall not consider a complaint under section 8 unless it is presented before the end of the period of three months beginning when the act complained of was done.E+W+S+N.I.

(2)A tribunal may consider any such complaint which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

(3)For the purposes of sub-paragraph (1)—

(a)where an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;

(b)any act extending over a period shall be treated as done at the end of that period; and

(c)a deliberate omission shall be treated as done when the person in question decided upon it.

(4)In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—

(a)when he does an act inconsistent with doing the omitted act; or

(b)if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.

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Amendments (Textual)

F10Words in Sch. 3 para. 1 substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2))

EvidenceE+W+S+N.I.

4(1)In any proceedings under section 8, a certificate signed by or on behalf of a Minister of the Crown and certifying—E+W+S+N.I.

(a)that any conditions or requirements specified in the certificate were imposed by a Minister of the Crown and were in operation at a time or throughout a time so specified, F11. . .

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall be conclusive evidence of the matters certified.

(2)A document purporting to be such a certificate shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

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Amendments (Textual)

F11Sch. 3 para. 4(1)(b) and preceding word repealed (16.7.2001) by 1999 c. 26, ss. 41, 44, Sch. 8 para. 7, Sch. 9(12); S.I. 2001/1187, art. 3, Sch. (as amended by S.I. 2001/1461, art. 2)

Part IIE+W+S+N.I. Discrimination in Other Areas

Restriction on proceedings for breach of Part IIIE+W+S+N.I.

5(1)Except as provided by section 25 no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Part III.E+W+S+N.I.

(2)Sub-paragraph (1) does not prevent the making of an application for judicial review.

Period within which proceedings must be broughtE+W+S+N.I.

6(1)A county court or a sheriff court shall not consider a claim under section 25 unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.E+W+S+N.I.

(2)Where, in relation to proceedings or prospective proceedings under section 25, [F12the dispute concerned is referred for conciliation in pursuance of arrangements under section 28] before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by two months.

(3)A court may consider any claim under section 25 which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

(4)For the purposes of sub-paragraph (1)—

(a)where an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;

(b)any act extending over a period shall be treated as done at the end of that period; and

(c)a deliberate omission shall be treated as done when the person in question decided upon it.

(5)In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—

(a)when he does an act inconsistent with doing the omitted act; or

(b)if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.

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Extent Information

E3In its application to Northern Ireland, this paragraph has effect subject to the modifications set out in Sch. 8: see s. 70(6)

Amendments (Textual)

F12Words in Sch. 3 para. 6(2) substituted (25.4.2000) by 1999 c. 17, s. 14(1), Sch. 4 para. 3(3) (with s. 15); S.I. 2000/880, art. 2, Sch. 2 (subject to transitional provision in art. 3); S.I. 2000/1110 (N.I. 2), art. 15(3); S.R. 2000/140, art. 2, Sch.

Compensation for injury to feelingsE+W+S+N.I.

7In any proceedings under section 25, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount.E+W+S+N.I.

EvidenceE+W+S+N.I.

8(1)In any proceedings under section 25, a certificate signed by or on behalf of a Minister of the Crown and certifying—E+W+S+N.I.

(a)that any conditions or requirements specified in the certificate were imposed by a Minister of the Crown and were in operation at a time or throughout a time so specified, or

(b)that an act specified in the certificate was done for the purpose of safeguarding national security,

shall be conclusive evidence of the matters certified.

(2)A document purporting to be such a certificate shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

[F13Part 3E+W+S+N.I. DISCRIMINATION IN SCHOOLS

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Amendments (Textual)

F13Sch. 3 Pt. 3 (paras. 9-11) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 19(2), Sch. 3 para. 1 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Restriction on proceedings for breach of Part 4, Chapter 1E+W+S

F149(1)Except as provided by sections 28I, 28K and 28L, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Chapter 1 of Part 4.

(2)Sub-paragraph (1) does not prevent the making of an application for judicial review.

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Amendments (Textual)

F14Sch. 3 Pt. 3 (paras. 9-11) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 19(2), Sch. 3 para. 1 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Period within which proceedings must be broughtE+W+S

F1510(1)The Tribunal shall not consider a claim under section 28I unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.

(2)If, in relation to proceedings or prospective proceedings under section 28I, the dispute concerned is referred for conciliation in pursuance of arrangements under section 31B before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by two months.

(3)The Tribunal may consider any claim under section 28I which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

(4)But sub-paragraph (3) does not permit the Tribunal to decide to consider a claim if a decision not to consider that claim has previously been taken under that sub-paragraph.

(5)For the purposes of sub-paragraph (1)—

(a)if an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;

(b)any act extending over a period shall be treated as done at the end of that period; and

(c)a deliberate omission shall be treated as done when the person in question decided upon it.

(6)In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—

(a)when he does an act inconsistent with doing the omitted act; or

(b)if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.

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Amendments (Textual)

F15Sch. 3 Pt. 3 (paras. 9-11) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 19(2), Sch. 3 para. 1 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

EvidenceE+W+S+N.I.

F1611(1)In any proceedings under section 28I, 28K or 28L, a certificate signed by or on behalf of a Minister of the Crown and certifying that any conditions or requirements specified in the certificate—

(a)were imposed by a Minister of the Crown, and

(b)were in operation at a time or throughout a time so specified,

shall be conclusive evidence of the matters certified.

(2)A document purporting to be such a certificate shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.]

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Amendments (Textual)

F16Sch. 3 Pt. 3 (paras. 9-11) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 19(2), Sch. 3 para. 1 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

[F17Part 4E+W+S DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS

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Amendments (Textual)

F17Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), Sch. 3 para. 2 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Restriction on proceedings for breach of Part 4, Chapter 2E+W+S

F1812(1)Except as provided by section 28V, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Chapter 2 of Part 4.

(2)Sub-paragraph (1) does not prevent the making of an application for judicial review.

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Amendments (Textual)

F18Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Period within which proceedings must be broughtE+W+S

F1913(1)A county court or a sheriff court shall not consider a claim under section 28V unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.

(2)If, in relation to proceedings or prospective proceedings under section 28V, the dispute concerned is referred for conciliation in pursuance of arrangements under section 31B before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by two months.

(3)A court may consider any claim under section 28V which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

(4)For the purposes of sub-paragraph (1)—

(a)if an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;

(b)any act extending over a period shall be treated as done at the end of that period; and

(c)a deliberate omission shall be treated as done when the person in question decided upon it.

(5)In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—

(a)when he does an act inconsistent with doing the omitted act; or

(b)if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.

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Amendments (Textual)

F19Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Compensation for injury to feelingsE+W+S

F2014In any proceedings under section 28V, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount.

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Amendments (Textual)

F20Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

EvidenceE+W+S

F2115(1)In any proceedings under section 28V, a certificate signed by or on behalf of a Minister of the Crown and certifying that any conditions or requirements specified in the certificate—

(a)were imposed by a Minister of the Crown, and

(b)were in operation at a time or throughout a time so specified,

is conclusive evidence of the matters certified.

(2)A document purporting to be such a certificate is to be—

(a)received in evidence; and

(b)deemed to be such a certificate unless the contrary is proved.]

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Amendments (Textual)

F21Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Sections 16(5) and 27(5).

SCHEDULE 4E+W+S+N.I. Premises Occupied Under Leases

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Extent Information

E4In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Part IE+W+S+N.I. Occupation by Employer or Trade Organisation

Failure to obtain consent to alterationE+W+S+N.I.

1If any question arises as to whether the occupier has failed to comply with the section 6 or section 15 duty, by failing to make a particular alteration to the premises, any constraint attributable to the fact that he occupies the premises under a lease is to be ignored unless he has applied to the lessor in writing for consent to the making of the alteration.E+W+S+N.I.

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Modifications etc. (not altering text)

C1Sch. 4 para. 1 modified (7.6.1996) by S.I. 1996/1333, art. 4(a)

Joining lessors in proceedings under section 8E+W+S+N.I.

2(1)In any proceedings under section 8, in a case to which section 16 applies, the complainant or the occupier may ask the tribunal hearing the complaint to direct that the lessor be joined or sisted as a party to the proceedings.E+W+S+N.I.

(2)The request shall be granted if it is made before the hearing of the complaint begins.

(3)The tribunal may refuse the request if it is made after the hearing of the complaint begins.

(4)The request may not be granted if it is made after the tribunal has determined the complaint.

(5)Where a lessor has been so joined or sisted as a party to the proceedings, the tribunal may determine—

(a)whether the lessor has—

(i)refused consent to the alteration, or

(ii)consented subject to one or more conditions, and

(b)if so, whether the refusal or any of the conditions was unreasonable,

(6)If, under sub-paragraph (5), the tribunal determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—

(a)make such declaration as it considers appropriate;

(b)make an order authorising the occupier to make the alteration specified in the order;

(c)order the lessor to pay compensation to the complainant.

(7)An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.

(8)Any step taken by the tribunal under sub-paragraph (6) may be in substitution for, or in addition to, any step taken by the tribunal under section 8(2).

(9)If the tribunal orders the lessor to pay compensation it may not make an order under section 8(2) ordering the occupier to do so.

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Modifications etc. (not altering text)

C2Sch. 4 para. 2 modified (7.6.1996) by S.I. 1996/1333, art. 4(c)

RegulationsE+W+S+N.I.

3Regulations may make provision as to circumstances in which—E+W+S+N.I.

(a)a lessor is to be taken, for the purposes of section 16 and this Part of this Schedule to have—

(i)withheld his consent;

(ii)withheld his consent unreasonably;

(iii)acted reasonably in withholding his consent;

(b)a condition subject to which a lessor has given his consent is to be taken to be reasonable;

(c)a condition subject to which a lessor has given his consent is to be taken to be unreasonable.

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Modifications etc. (not altering text)

C3Sch. 4 para. 3 modified (7.6.1996) by S.I. 1996/1333, art. 4(c)

Commencement Information

I13Sch. 4 para. 3 wholly in force at 11.7.1996; Sch. 4 para. 3 not in force at Royal Assent see s. 70(3); Sch. 4 Pt. I para. 3 in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; Sch. 4 Pt. I para. 3 in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I para. 3

Sub-leases etc.E+W+S+N.I.

4The Secretary of State may by regulations make provision supplementing, or modifying, the provision made by section 16 or any provision made by or under this Part of this Schedule in relation to cases where the occupier occupies premises under a sub-lease or sub-tenancy.E+W+S+N.I.

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Commencement Information

I14Sch. 4 para. 4 wholly in force at 30.5.1996; Sch. 4 para. 4 not in force at Royal Assent see. s. 70(3); Sch. 4 para. 4 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(o); Sch. 4 para. 4 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(n)

Part IIE+W+S+N.I. Occupation by Provider of Services

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Modifications etc. (not altering text)

C4Sch. 4 Pt. II modified (1.10.2004) by S.I. 2001/3253, reg. 9

Valid from 01/10/2004

Failure to obtain consent to alterationE+W+S+N.I.

5If any question arises as to whether the occupier has failed to comply with the section 21 duty, by failing to make a particular alteration to premises, any constraint attributable to the fact that he occupies the premises under a lease is to be ignored unless he has applied to the lessor in writing for consent to the making of the alteration.E+W+S+N.I.

Valid from 01/10/2004

Reference to courtE+W+S+N.I.

6(1)If the occupier has applied in writing to the lessor for consent to the alteration and—E+W+S+N.I.

(a)that consent has been refused, or

(b)the lessor has made his consent subject to one or more conditions,

the occupier or a disabled person who has an interest in the proposed alteration to the premises being made, may refer the matter to a county court or, in Scotland, to the sheriff.

(2)In the following provisions of this Schedule “court” includes “sheriff”.

(3)On such a reference the court shall determine whether the lessor’s refusal was unreasonable or (as the case may be) whether the condition is, or any of the conditions are, unreasonable.

(4)If the court determines—

(a)that the lessor’s refusal was unreasonable, or

(b)that the condition is, or any of the conditions are, unreasonable,

it may make such declaration as it considers appropriate or an order authorising the occupier to make the alteration specified in the order.

(5)An order under sub-paragraph (4) may require the occupier to comply with conditions specified in the order.

Valid from 01/10/2004

Joining lessors in proceedings under section 25E+W+S+N.I.

7(1)In any proceedings on a claim under section 25, in a case to which this Part of this Schedule applies, the plaintiff, the pursuer or the occupier concerned may ask the court to direct that the lessor be joined or sisted as a party to the proceedings.E+W+S+N.I.

(2)The request shall be granted if it is made before the hearing of the claim begins.

(3)The court may refuse the request if it is made after the hearing of the claim begins.

(4)The request may not be granted if it is made after the court has determined the claim.

(5)Where a lessor has been so joined or sisted as a party to the proceedings, the court may determine—

(a)whether the lessor has—

(i)refused consent to the alteration, or

(ii)consented subject to one or more conditions, and

(b)if so, whether the refusal or any of the conditions was unreasonable.

(6)If, under sub-paragraph (5), the court determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—

(a)make such declaration as it considers appropriate;

(b)make an order authorising the occupier to make the alteration specified in the order;

(c)order the lessor to pay compensation to the complainant.

(7)An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.

(8)If the court orders the lessor to pay compensation it may not order the occupier to do so.

RegulationsE+W+S+N.I.

8Regulations may make provision as to circumstances in which—E+W+S+N.I.

(a)a lessor is to be taken, for the purposes of section 27 and this Part of this Schedule to have—

(i)withheld his consent;

(ii)withheld his consent unreasonably;

(iii)acted reasonably in withholding his consent;

(b)a condition subject to which a lessor has given his consent is to be taken to be reasonable;

(c)a condition subject to which a lessor has given his consent is to be taken to be unreasonable.

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Commencement Information

I15Sch. 4 para. 8 wholly in force at 31.12.2001; Sch. 4 para. 8 not in force at Royal Assent see s. 70(3); Sch. 4 para. 8 in force (E.W.S.) (9.5.2001) by S.I. 2001/2030, art. 2(c)(i); Sch. 4 para. 8 in force (N.I.) (31.12.2001) by S.R. 2001/439, art. 2(1)(c)(i)

Sub-leases etc.E+W+S+N.I.

9The Secretary of State may by regulations make provision supplementing, or modifying, the provision made by section 27 or any provision made by or under this Part of this Schedule in relation to cases where the occupier occupies premises under a sub-lease or sub-tenancy.E+W+S+N.I.

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Commencement Information

I16Sch. 4 para. 9 wholly in force at 31.12.2001; Sch. 4 para. 9 not in force at Royal Assent see s. 70(3); Sch. 4 para. 9 in force (E.W.S.) (9.5.2001) by S.I. 2001/2030, art. 2(c)(ii); Sch. 4 para. 9 in force (N.I.) (31.12.2001) by S.R. 2001/439, art. 2(1)(c)(ii)

[F22Part 3E+W+S OCCUPATION BY EDUCATIONAL INSTITUTIONS

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Amendments (Textual)

F22Sch. 4 Pt. 3 (paras. 10-14) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 31(2), Sch. 6 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Modifications etc. (not altering text)

C5Sch. 4 Pt. 3 (paras. 10-14) modified (28.6.2002) by S.I. 2002/1458, reg. 7

Failure to obtain consentE+W+S

F2310If any question arises as to whether a responsible body has failed to comply with the duty imposed by section 28T, by failing to make a particular alteration to premises, any constraint attributable to the fact that the premises are occupied by the educational institution under a lease is to be ignored unless the responsible body has applied to the lessor in writing for consent to the making of the alteration.

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Amendments (Textual)

F23Sch. 4 Pt. 3 (paras. 10-14) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 31(2), Sch. 6 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Reference to courtE+W+S

F2411(1)If the responsible body has applied in writing to the lessor for consent to the alteration and—

(a)that consent has been refused, or

(b)the lessor has made his consent subject to one or more conditions,

that body or a disabled person who has an interest in the proposed alteration to the premises being made, may refer the matter to a county court or, in Scotland, to the sheriff.

(2)On such a reference the court must determine whether the lessor’s refusal was unreasonable or (as the case may be) whether the condition is, or any of the conditions are, unreasonable.

(3)If the court determines—

(a)that the lessor’s refusal was unreasonable, or

(b)that the condition is, or any of the conditions are, unreasonable,

it may make such declaration as it considers appropriate or an order authorising the responsible body to make the alteration specified in the order.

(4)An order under sub-paragraph (3) may require the responsible body to comply with conditions specified in the order.

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Amendments (Textual)

F24Sch. 4 Pt. 3 (paras. 10-14) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 31(2), Sch. 6 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Joining lessors in proceedings under section 28VE+W+S

F2512(1)In proceedings on a claim under section 28V, in a case to which this Part of this Schedule applies, the claimant, the pursuer or the responsible body concerned may ask the court to direct that the lessor be joined or sisted as a party to the proceedings.

(2)The request must be granted if it is made before the hearing of the claim begins.

(3)The court may refuse the request if it is made after the hearing of the claim begins.

(4)The request may not be granted if it is made after the court has determined the claim.

(5)If a lessor has been so joined or sisted as a party to the proceedings, the court may determine—

(a)whether the lessor has—

(i)refused consent to the alteration, or

(ii)consented subject to one or more conditions, and

(b)if so, whether the refusal or any of the conditions was unreasonable.

(6)If, under sub-paragraph (5), the court determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—

(a)make such a declaration as it considers appropriate;

(b)make an order authorising the responsible body to make the alteration specified in the order;

(c)order the lessor to pay compensation to the complainant.

(7)An order under sub-paragraph (6)(b) may require the responsible body to comply with conditions specified in the order.

(8)If the court orders the lessor to pay compensation it may not order the responsible body to do so.

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Amendments (Textual)

F25Sch. 4 Pt. 3 (paras. 10-14) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 31(2), Sch. 6 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

RegulationsE+W+S

F2613Regulations may make provision as to circumstances in which—

(a)a lessor is to be taken, for the purposes of section 28W and this Part of this Schedule to have—

(i)withheld his consent;

(ii)withheld his consent unreasonably;

(iii)acted reasonably in withholding his consent;

(b)a condition subject to which a lessor has given his consent is to be taken to be reasonable;

(c)a condition subject to which a lessor has given his consent is to be taken to be unreasonable.

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Amendments (Textual)

F26Sch. 4 Pt. 3 (paras. 10-14) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 31(2), Sch. 6 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Sub-leases etc.E+W+S

F2714Regulations may make provision supplementing, or modifying, section 28W or any provision made by or under this Part of this Schedule in relation to cases where the premises of the educational institution are occupied under a sub-lease or sub-tenancy.]

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Amendments (Textual)

Section 28A

[F28SCHEDULE 4AE+W+S RESPONSIBLE BODIES FOR SCHOOLS

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Amendments (Textual)

F28Sch. 4A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(2), Sch. 2 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

1(1)The bodies responsible for schools in England and Wales are set out in the following table.E+W+S

(2)In that Table—

  • the local education authority” has the meaning given by section 22(8) of the School Standards and Framework Act 1998; and

  • proprietor” has the meaning given by section 579 of the Education Act 1996.

    TABLE

    Type of schoolResponsible body
    1. Maintained school.The local education authority or governing body, according to which has the function in question.
    2. Pupil referral unit.The local education authority.
    3. Maintained nursery school.The local education authority.
    4. Independent school.The proprietor.
    5. Special school not maintained by a local education authority.The proprietor.

2(1)The bodies responsible for schools in Scotland are set out in the following table.E+W+S

(2)In that Table “board of management”, “education authority”, “managers” and “proprietor” each have the meaning given in section 135(1) of the Education (Scotland) Act 1980.

T ABLE

Type of schoolResponsible body
1. School managed by an education authorityThe education authority.
2. Independent school.The proprietor.
3. Self-governing school.The board of management.
4. School in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the Education (Scotland) Act 1980.The managers of the school.]

Section 28R

[F29SCHEDULE 4BE+W+S RESPONSIBLE BODIES FOR EDUCATIONAL INSTITUTIONS

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Amendments (Textual)

F29Sch. 4B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 26(2), Sch. 4 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F301(1)The bodies responsible for educational institutions in England and Wales are set out in the following table.E+W+S

(2)In that Table “governing body” has the meaning given by section 90 of the Further and Higher Education Act 1992.

Type of institutionResponsible body
1. Institution within the further education sector.The governing body.
2. University.The governing body.
3. Institution, other than a university, within the higher education sector.The governing body.
4. Institution designated under section 28R(6)(c).The body specified in the order as the responsible body.
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Amendments (Textual)

F30Sch. 4B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 26(2), Sch. 4 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F312(1)The bodies responsible for relevant institutions in Scotland are set out in the following table.E+W+S

(2)In that Table—

  • board of management” has the meaning given in section 36(1) of the Further and Higher Education (Scotland) Act 1992 (“the 1992 Act”);

  • central institution”, “education authority” and “managers” have the meaning given in section 135(1) of the Education (Scotland) Act 1980; and

  • governing body” has the meaning given in section 56(1) of the 1992 Act.

    Table

    Type of institutionResponsible body
    1. Designated institution within the meaning of Part 2 of the 1992 Act.The governing body.
    2. University.The governing body.
    3. College of further education with a board of management.The board of management.
    4. Institution maintained by an education authority in the exercise of their further education functions.The education authority.
    5. Central institution.The governing body.
    6. School in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the Education (Scotland) Act 1980.The managers of the school.
    7. Institution designated under section 28R(7)(e).The body specified in the order as the responsible body.]
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Amendments (Textual)

F31Sch. 4B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 26(2), Sch. 4 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Section 28U.

[F32SCHEDULE 4CE+W+S MODIFICATIONS OF CHAPTER 2 OF PART 4

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Amendments (Textual)

F32Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F33Part 1E+W+S MODIFICATIONS FOR ENGLAND AND WALES

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Amendments (Textual)

F33Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F341For section 28R, substitute—E+W+S

28R Further education etc. provided by local education authorities and schools

(1)Subsections (2) and (3) apply in relation to—

(a)any course of higher education secured by a local education authority under section 120 of the Education Reform Act 1988;

(b)any course of further education—

(i)secured by a local education authority; or

(ii)provided by the governing body of a maintained school under section 80 of the School Standards and Framework Act 1998.

(2)It is unlawful for the local education authority or the governing body to discriminate against a disabled person—

(a)in the arrangements they make for determining who should be enrolled on the course;

(b)in the terms on which they offer to enrol him on the course; or

(c)by refusing or deliberately omitting to accept an application for his enrolment on the course.

(3)It is unlawful for the local education authority or the governing body to discriminate against a disabled person who has enrolled on the course in the services which they provide, or offer to provide.

(4)Services”, in relation to a course, means services of any description which are provided wholly or mainly for persons enrolled on the course.

(5)It is unlawful for a local education authority to discriminate against a disabled person in the terms on which they provide, or offer to provide, recreational or training facilities.

(6)In this Chapter “responsible body” means—

(a)a local education authority, in relation to—

(i)a course of further or higher education secured by them;

(ii)recreational or training facilities; and

(b)the governing body of a maintained school, in relation to a course of further education provided under section 80 of the School Standards and Framework Act 1998.

(7)Further education”—

(a)in relation to a course secured by a local education authority, has the meaning given in section 2(3) of the Education Act 1996; and

(b)in relation to a course provided under section 80 of the School Standards and Framework Act 1998 means education of a kind mentioned in subsection (1) of that section.

(8)In relation to further education secured by a local education authority—

  • course” includes each of the component parts of a course of further education if, in relation to the course, there is no requirement imposed on persons registered for any component part of the course to register for any other component part of that course; and

  • enrolment”, in relation to such a course, includes registration for any one of those parts.

(9)Higher education” has the meaning given in section 579(1) of the Education Act 1996.

(10)Local education authority” has the meaning given in section 12 of the Education Act 1996.

(11)Governing body” and “maintained school” have the same meaning as in Chapter 1.

(12)Recreational or training facilities” means any facilities secured by a local education authority under subsection (1), or provided by it under subsection (1A), of section 508 of the Education Act 1996 (recreation and social and physical training).

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Amendments (Textual)

F34Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F352For subsection (1) of section 28T, substitute—E+W+S

(1)Each responsible body must take such steps as it is reasonable for it to have to take to ensure that—

(a)in relation to its arrangements for enroling persons on a course of further or higher education provided by it, and

(b)in relation to services provided, or offered by it,

disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled.

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Amendments (Textual)

F35Sch. 4c inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F363In section 28W(1)(a) for “by an educational institution” substitute “ a responsible body wholly or partly for the purpose of its functions”.E+W+S

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Amendments (Textual)

F36Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F374Omit section 31A.E+W+S

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Amendments (Textual)

F37Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F38Part 2E+W+S MODIFICATIONS FOR SCOTLAND

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Amendments (Textual)

F38Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F395For section 28R, substitute—E+W+S

28R Further education etc. provided by education authorities in Scotland

(1)Subsections (2) and (3) apply to any course of further education secured by an education authority.

(2)It is unlawful for the education authority to discriminate against a disabled person—

(a)in the arrangements they make for determining who should be enrolled on the course;

(b)in the terms on which they offer to enrol him on the course; or

(c)by refusing or deliberately omitting to accept an application for his enrolment on the course.

(3)It is unlawful for the education authority to discriminate against a disabled person who has enrolled on the course in the services which they provide, or offer to provide.

(4)Services”, in relation to a course, means services of any description which are provided wholly or mainly for persons enrolled on the course.

(5)It is unlawful for an education authority to discriminate against a disabled person in the terms on which they provide, or offer to provide, recreational or training facilities.

(6)In this Chapter “responsible body” means an education authority.

(7)Further education” has the meaning given in section 1(5) of the Education (Scotland) Act 1980.

(8)Education authority” has the meaning given in section 135(1) of that Act.

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Amendments (Textual)

F39Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F406For subsection (1) of section 28T, substitute— :E+W+S

(1)Each responsible body must take such steps as it is reasonable for it to have to take to ensure that—

(a)in relation to its arrangements for enroling persons on a course of further education provided by it, and

(b)in relation to services provided or offered by it,

disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled.

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Amendments (Textual)

F40Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F417In section 28W(1)(a) for “by an educational institution” substitute “by a responsible body wholly or partly for the purpose of its functions”.E+W+S

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Amendments (Textual)

F41Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F428Omit section 31A.]E+W+S

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Amendments (Textual)

F42Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Section 50(8).]

[F43SCHEDULE 5N.I. The National Disability Council

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Amendments (Textual)

F43Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

[F44 Status]N.I.

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Amendments (Textual)

F44Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

[F451(1)The Council shall be a body corporate.N.I.

(2)The Council is not the servant or agent of the Crown and does not enjoy any status, immunity or privilege of the Crown.]

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Amendments (Textual)

F45Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

Commencement Information

I17Sch. 5 para. 1 wholly in force at 2.1.1996; Sch. 5 para. 1 not in force at Royal Assent see s. 70(3); Sch. 5 para. 1 in force (E.W.S.) at 1.1.1996 by S.I. 1995/3330, art. 2; Sch. 5 para. 1 in force (N.I.) at 2.1.1996 by S.R. 1996/1, art. 2

[F46 Procedure]N.I.

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Amendments (Textual)

F46Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

[F472The Council has power to regulate its own procedure (including power to determine its quorum).]N.I.

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Amendments (Textual)

F47Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

Commencement Information

I18Sch. 5 para. 2 wholly in force at 2.1.1996; Sch. 5 para. 2 not in force at Royal Assent see s. 70(3); Sch. 5 para. 2 in force (E.W.S.) at 1.1.1996 by S.I. 1995/3330, art. 2; Sch. 5 para. 2 in force (N.I.) at 2.1.1996 by S.R. 1996/1, art. 2

[F48 Membership]N.I.

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Amendments (Textual)

F48Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

[F493(1)The Council shall consist of at least 10, but not more than 20, members.N.I.

(2)In this Schedule “member”, except in sub-paragraph (5)(b), means a member of the Council.

(3)Each member shall be appointed by the Secretary of State.

[F50(3A)One of the members shall be a person who appears to the Secretary of State to have special knowledge of Scotland.]

(4)The Secretary of State shall appoint one member to be chairman of the Council and another member to be its deputy chairman.

(5)The members shall be appointed from among persons who, in the opinion of the Secretary of State—

(a)have knowledge or experience of the needs of disabled persons or the needs of a particular group, or particular groups, of disabled persons;

(b)have knowledge or experience of the needs of persons who have had a disability or the needs of a particular group, or particular groups, of such persons; or

(c)are members of, or otherwise represent, professional bodies or bodies which represent industry or other business interests.

(6)Before appointing any member, the Secretary of State shall consult such persons as he considers appropriate.

(7)In exercising his powers of appointment, the Secretary of State shall try to secure that at all times at least half the membership of the Council consists of disabled persons, persons who have had a disability or the parents or guardians of disabled persons.]

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Amendments (Textual)

F49Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

Modifications etc. (not altering text)

Commencement Information

I19Sch. 5 para. 3 wholly in force at 2.1.1996; Sch. 5 para. not in force at Royal Assent see s. 70(3); Sch. 5 para. 3 in force (E.W.S.) at 1.1.1996 by S.I. 1995/3330, art. 2; Sch. 5 para. 3 in force (N.I.) at 2.1.1996 by S.R. 1996/1, art. 2

[F51 Term of office of members]N.I.

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Amendments (Textual)

F51Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

[F524(1)Each member shall be appointed for a term which does not exceed five years but shall otherwise hold and vacate his office in accordance with the terms of his appointment.N.I.

(2)A person shall not be prevented from being appointed as a member merely because he has previously been a member.

(3)Any member may at any time resign his office by written notice given to the Secretary of State.

(4)Regulations may make provision for the Secretary of State to remove a member from his office in such circumstances as may be prescribed.]

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Amendments (Textual)

F52Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

Commencement Information

I20Sch. 5 para. 4 wholly in force at 2.1.1996; Sch. 5 para. 4 not in force at Royal Assent see s. 70(3); Sch. 5 para. 4 in force (E.W.S.) at 1.1.1996 by S.I. 1995/3330, art. 2; Sch. 5 para. 4 in force (N.I.) at 2.1.1996 by S.R. 1996/1, art. 2

[F53 Remuneration]N.I.

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Amendments (Textual)

F53Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

[F545(1)The Secretary of State may pay such remuneration or expenses to any member as he considers appropriate.N.I.

(2)The approval of the Treasury is required for any payment made under this paragraph.]

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Amendments (Textual)

F54Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

Commencement Information

I21Sch. 5 para. 5 wholly in force at 2.1.1996; Sch. 5 para. 5 not in force at Royal Assent see s. 70(3); Sch. 5 para. 5 in force (E.W.S.) at 1.1.1996 by S.I. 1995/3330, art. 2; Sch. 5 para. 5 in force (N.I.) at 2.1.1996 by S.R. 1996/1, art. 2

[F55 Staff]N.I.

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Amendments (Textual)

F55Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

[F566The Secretary of State shall provide the Council with such staff as he considers appropriate.]N.I.

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Amendments (Textual)

F56Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

Commencement Information

I22Sch. 5 para. 6 wholly in force at 2.1.1996; Sch. 5 para. 6 not in force at Royal Assent see s. 70(3); Sch. 5 para. 6 in force (E.W.S.) at 1.1.1996 by S.I. 1995/3330, art. 2; Sch. 5 para. 6 in force (N.I.) at 2.1.1996 by S.R. 1996/1, art. 2

[F57 Supplementary regulation-making power]N.I.

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Amendments (Textual)

F57Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

[F587The Secretary of State may by regulations make provision—N.I.

(a)as to the provision of information to the Council by the Secretary of State;

(b)as to the commissioning by the Secretary of State of research to be undertaken on behalf of the Council;

(c)as to the circumstances in which and conditions subject to which the Council may appoint any person as an adviser;

(d)as to the payment by the Secretary of State, with the approval of the Treasury, of expenses incurred by the Council.]

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Amendments (Textual)

F58Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

Commencement Information

I23Sch. 5 para. 7 wholly in force at 2.1.1996; Sch. 5 para. 7 not in force at Royal Assent see s. 70(3); Sch. 5 para. 7 in force (E.W.S.) at 1.1.1996 by S.I. 1995/3330, art. 2; Sch. 5 para. 7 in force (N.I.) at 2.1.1996 by S.R. 1996/1, art. 2

[F59 Annual report]N.I.

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Amendments (Textual)

F59Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

[F608(1)As soon as is practicable after the end of each financial year, the Council shall report to the Secretary of State on its activities during the financial year to which the report relates.N.I.

(2)The Secretary of State shall lay a copy of every annual report of the Council before each House of Parliament and shall arrange for such further publication of the report as he considers appropriate.]

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Amendments (Textual)

F60Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

Commencement Information

I24Sch. 5 para. 8 wholly in force at 2.1.1996; Sch. 5 para. 8 not in force at Royal Assent see s. 70(3); Sch. 5 para. 8 in force (E.W.S.) at 1.1.1996 by S.I. 1995/3330, art. 2; Sch. 5 para. 8 in force (N.I.) at 2.1.1996 by S.R. 1996/1, art. 2

Section 70(4).

SCHEDULE 6E+W+S+N.I. Consequential Amendments

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Extent Information

E5In its application to Northern Ireland, this Schedule has effect as substituted by Sch. 8 para. 53; see s. 70(6)

Employment and Training Act 1973 (c. 50)E+W+S+N.I.

[F611In section 12(1) of the Employment and Training Act 1973 (duty of Secretary of State to give preference to ex-service men and women in exercising certain powers in respect of disabled persons)—E+W+S+N.I.

(a)for “persons registered as handicapped by disablement” substitute “ disabled persons”; and

(b)for the words after “”disabled person”” substitute “ has the same meaning as in the Disability Discrimination Act 1995.”]

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Amendments (Textual)

F61Sch. 6 para. 1 repealed (N.I.) (24.9.1996) by S.I. 1996/1919 (N.I. 16), art. 257, Sch. 3 (with Sch. 2)

1In section 12(1) of the Employment and Training Act 1973 (duty of Secretary of State to give preference to ex-service men and women in exercising certain powers in respect of disabled persons)—E+W+S+N.I.

(a)for “persons registered as handicapped by disablement” substitute “ disabled persons”; and

(b)for the words after “”disabled person”” substitute “ has the same meaning as in the Disability Discrimination Act 1995.”

Employment Protection (Consolidation) Act 1978 (c. 44)E+W+S+N.I.

[F622In section 136(1) of the Employment Protection (Consolidation) Act 1978 (appeals to Employment Appeal Tribunal), at the end insert—N.I.

(ff)the Disability Discrimination Act 1995.]

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Amendments (Textual)

F62Sch. 6 para. 2 repealed (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

F633. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Companies Act 1985 (c. 6)E+W+S+N.I.

4In paragraph 9 of Schedule 7 to the Companies Act 1985 (disclosure in directors’ report of company policy in relation to disabled persons), in the definition of “disabled person” in sub-paragraph (4)(b), for “Disabled Persons (Employment) Act 1944” substitute “ Disability Discrimination Act 1995”.E+W+S+N.I.

Local Government and Housing Act 1989 (c. 42)E+W+S+N.I.

5In section 7 of the Local Government and Housing Act 1989 (all staff of a local authority etc. to be appointed on merit), in subsection (2)—E+W+S+N.I.

(a)paragraph (a) shall be omitted;

(b)the word “and” at the end of paragraph (d) shall be omitted; and

(c)after paragraph (e) insert— ; and

(f)sections 5 and 6 of the Disability Discrimination Act 1995 (meaning of discrimination and duty to make adjustments).

Enterprise and New Towns (Scotland) Act 1990 (c. 35)E+W+S+N.I.

6In section 16 of the Enterprise and New Towns (Scotland) Act 1990 (duty of certain Scottish bodies to give preference to ex-service men and women in exercising powers to select disabled persons for training), in subsection (2), for “said Act of 1944” substitute “ Disability Discrimination Act 1995”.E+W+S+N.I.

Section 70(5).

SCHEDULE 7E+W+S+N.I. Repeals

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Extent Information

E6In its application to Northern Ireland, this Schedule has effect as substituted by Sch. 8 para. 53; see s. 70(6)

Commencement Information

I25Sch. 7 partly in force; Sch. 7 not in force at Royal Assent see s. 70(3); Sch. 7 in force for specified purposes (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2 (3), Sch. Pt. III (with art. 3); Sch. 7 in force for specified purposes (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II (with art. 3)

ChapterShort titleExtent of repeal
7 & 8 Geo. 6 c. 10.The Disabled Persons (Employment) Act 1944.Section 1.
Sections 6 to 14.
Section 19.
Section 21.
Section 22(4).
6 & 7 Eliz. 2 c. 33.The Disabled Persons (Employment) Act 1958.Section 2.
1970 c. 44.The Chronically Sick and Disabled Persons Act 1970.Section 16.
1978 c. 44.The Employment Protection (Consolidation) Act 1978.In Schedule 13, in paragraph 20(3), the word “or” in the definitions of “relevant complaint of dismissal” and “relevant conciliation powers”.
1989 c. 42.The Local Government and Housing Act 1989.In section 7(2), paragraph (a) and the word “and” at the end of paragraph (d).
1993 c. 62.The Education Act 1993.In section 161(5), the words from “and in this subsection” to the end.

Section 70(6).

SCHEDULE 8E+W+S+N.I. Modifications of this Act in its application to Northern Ireland

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Extent Information

E7Sch. 8 extends to Northern Ireland but the operation of Sch. 8 is limited by application as mentioned in s. 70(6).

1In its application to Northern Ireland this Act shall have effect subject to the following modifications.E+W+S+N.I.

2(1)In section 3(1) for “Secretary of State” substitute “ Department”.E+W+S+N.I.

(2)In section 3 for subsections (4) to (12) substitute—

(4)In preparing a draft of any guidance, the Department shall consult such persons as it considers appropriate.

(5)Where the Department proposes to issue any guidance, the Department shall publish a draft of it, consider any representations that are made to the Department about the draft and, if the Department thinks it appropriate, modify its proposals in the light of any of those representations.

(6)If the Department decides to proceed with any proposed guidance, the Department shall lay a draft of it before the Assembly.

(7)If, within the statutory period, the Assembly resolves not to approve the draft, the Department shall take no further steps in relation to the proposed guidance.

(8)If no such resolution is made within the statutory period, the Department shall issue the guidance in the form of its draft.

(9)The guidance shall come into force on such date as the Department may by order appoint.

(10)Subsection (7) does not prevent a new draft of the proposed guidance being laid before the Assembly.

(11)The Department may—

(a)from time to time revise the whole or any part of any guidance and re-issue it ;

(b)by order revoke any guidance.

(12)In this section—

  • the Department” means the Department of Economic Development;

  • guidance” means guidance issued by the Department under this section and includes guidance which has been revised and re-issued;

  • statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.

3In section 4(6) for “Great Britain” substitute “ Northern Ireland”.E+W+S+N.I.

4(1)In section 7(2) for “Secretary of State” substitute “ Department of Economic Development”.E+W+S+N.I.

F64(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

5(1)In section 8(3) omit “or (in Scotland) in reparation”.E+W+S+N.I.

(2)In section 8(7) for “paragraph 6A of Schedule 9 to the Employment Protection (Consolidation) Act 1978” substitute [F65Article 16 of the Industrial Tribunals (Northern Ireland Order 1996)].

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Amendments (Textual)

F65Words in Sch. 8 para. 5(2) substituted (24.9.1996) by S.I. 1996/1921 (N.I. 18), art. 26, Sch. 1 para. 12 (with Sch. 2)

6(1)In section 9(2)(a) for “a conciliation officer” substitute “ the Agency”.E+W+S+N.I.

[F66(2)In section 9(4) in the definition of “qualified lawyer” for the words from “means” to the end substitute “ means a barrister (whether in practice as such or employed to give legal advice) or a solicitor of the Supreme Court who holds a practising certificate.”.]

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Amendments (Textual)

7(1)In section 10(1)(b) omit “or recognised body”.E+W+S+N.I.

(2)In section 10(2)(b) for “Secretary of State” substitute “ Department of Economic Development”.

(3)In section 10(3) in the definition of “charity” for “1993” substitute “ (Northern Ireland) 1964”, omit the definition of “recognised body” and in the definition of “supported employment” for “Act 1944” substitute “ Act (Northern Ireland) 1945”.

(4)In section 10(4) for “England and Wales”where it twice occurs substitute “ Northern Ireland”.

(5)Omit section 10(5).

8— In section 12(5) for “Great Britain” where it twice occurs substitute “ Northern Ireland”.E+W+S+N.I.

9(1)In section 19(3)(g) for “section 2 of the Employment and Training Act 1973” substitute “ sections 1 and 2 of the Employment and Training Act (Northern Ireland) 1950”.E+W+S+N.I.

(2)In section 19(5) for paragraph (a) substitute—

(a)education which is funded, or secured, by a relevant body or provided at—

(i)an establishment which is funded by such a body or by the Department of Education for Northern Ireland; or

(ii)any other establishment which is a school within the meaning of the Education and Libraries (Northern Ireland) Order 1986;.

(3)For section 19(6) substitute—

(6)In subsection (5) “relevant body” means—

(a)an education and library board;

(b)a voluntary organisation; or

(c)a body of a prescribed kind..

10In section 20(7) for paragraphs (b) and (c) substitute ; orE+W+S+N.I.

(b)functions conferred by or under Part VIII of the Mental Health (Northern Ireland) Order 1986 are exercisable in relation to a disabled person’s property or affairs..

11In section 22(4) and (6) omit “or (in Scotland) the subject of”.E+W+S+N.I.

12(1)In section 25(1) omit “or (in Scotland) in reparation”.E+W+S+N.I.

(2)In section 25(3) for “England and Wales” substitute “ Northern Ireland”.

(3)Omit section 25(4).

(4)In section 25(5) omit the words from “or” to the end.

13In section 26(3) omit “or a sheriff court”.E+W+S+N.I.

F6714. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F67Sch. 8 para. 14 repealed (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), art. 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch. Appendix

15Omit sections 29, 30 and 31.E+W+S+N.I.

16(1)In section 32(1) for “Secretary of State” substitute “ Department of the Environment”.E+W+S+N.I.

(2)In section 32(5) for the definition of “taxi” substitute—

taxi” means a vehicle which—

(a)is licensed under Article 61 of the Road Traffic (Northern Ireland) Order 1981 to stand or ply for hire; and

(b)seats not more than 8 passengers in addition to the driver.

17In section 33, for “Secretary of State”, wherever it occurs, substitute “ Department of the Environment”.E+W+S+N.I.

18For section 34 substitute—E+W+S+N.I.

34 New licences conditional on compliance with accessibility taxi regulations

(1)The Department of the Environment shall not grant a public service vehicle licence under Article 61 of the Road Traffic (Northern Ireland) Order 1981 for a taxi unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed.

(2)Subsection (1) does not apply if such a licence was in force with respect to the vehicle at any time during the period of 28 days immediately before the day on which the licence is granted.

(3)The Department of the Environment may by order provide for subsection (2) to cease to have effect on such date as may be specified in the order..

19Omit section 35.E+W+S+N.I.

20In section 36(7) for “licensing authority” substitute “ Department of the Environment”.E+W+S+N.I.

21(1)In section 37(5) and (6) for “licensing authority” substitute “ Department of the Environment”.E+W+S+N.I.

(2)In section 37(9) for “Secretary of State” substitute “ Department of the Environment”.

Prospective

[F6821A(1)In section 37A(5) and (6) for “licensing authority” substitute “Department of the Environment”.E+W+S+N.I.

(2)In section 37A(9) for the definitions of “driver”, “licensing authority”, “operator” and “private hire vehicle” substitute— “

  • driver” means a person who holds a taxi driver’s licence under Article 79A of the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (NI 1));

  • operator” means a person who in the course of a business makes provision for the invitation or acceptance of bookings for a private hire vehicle;

  • private hire vehicle” means a vehicle which—

    (a)

    seats not more than 8 passengers in addition to the driver; and

    (b)

    is licensed under Article 61 of the Road Traffic (Northern Ireland) Order 1981 to carry passengers for hire (but not to stand or ply for hire). ”.]

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Amendments (Textual)

22(1)In section 38(1) for “a licensing authority” substitute “ the Department of the Environment”.E+W+S+N.I.

(2)In section 38(2) for “licensing authority concerned” substitute “ Department of the Environment”.

(3)In section 38(3) for the words from “the magistrates’ court” to the end substitute “ a court of summary jurisdiction acting for the petty sessions district in which the aggrieved person resides”.

23Omit section 39.E+W+S+N.I.

24(1)In section 40 for “Secretary of State” wherever it occurs substitute “ Department of the Environment”.E+W+S+N.I.

(2)In section 40(5) for the definition of “public service vehicle” substitute—

public service vehicle” means a vehicle which—

(a)seats more than 8 passengers in addition to the driver; and

(b)is a public service vehicle for the purposes of the Road Traffic (Northern Ireland) Order 1981;.

(3)In section 40(7) for the words from “the Disabled” to the end substitute “ such representative organisations as it thinks fit”.

25(1)In section 41(2) for “Secretary of State” substitute “ Department of the Environment”.E+W+S+N.I.

(2)In section 41 for subsections (3) and (4) substitute—

(3)Any person who uses a regulated public service vehicle in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale..

26(1)In section 42 for “Secretary of State” wherever it occurs substitute “ Department of the Environment”.E+W+S+N.I.

(2)In section 42(1) for “he” substitute “ it”.

(3)In section 42(6) for “his” substitute “ its”.

27In section 43 for “Secretary of State” wherever it occurs substitute “ Department of the Environment”.E+W+S+N.I.

28(1)In section 44 for “Secretary of State” wherever it occurs substitute “ Department of the Environment”.E+W+S+N.I.

(2)In section 44(2) for “him” substitute “ it”.

(3)In section 44(6) for “he” substitute “ it” and for “his” substitute “ its”.

29(1)In section 45 for “Secretary of State” wherever it occurs substitute “ Department of the Environment”.E+W+S+N.I.

(2)In section 45(2) for “him” substitute “ it” and at the end add “ of Northern Ireland”.

(3)In section 45(4) for “he” substitute “ it”.

30(1)In section 46 for “Secretary of State” wherever it occurs substitute “ Department of the Environment”.E+W+S+N.I.

(2)In section 46(6) in the definition of “rail vehicle” for the words “on any railway, tramway or prescribed system” substitute “ by rail”.

(3)Omit section 46(7).

(4)In section 46(11) for the words from “the Disabled” to the end substitute “ such representative organisations as it thinks fit”.

31(1)In section 47 for “Secretary of State” wherever it occurs substitute “ Department of the Environment”.E+W+S+N.I.

(2)In section 47(3) for the words “the Disabled Persons Transport Advisory Committee and such other persons as he” substitute “ such persons as it” and for “he” substitute “ it”.

32Omit section 48(3).E+W+S+N.I.

F6933. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F69Sch. 8 para. 33 repealed (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), art. 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2 Sch. Appendix

[F7034F70(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F70(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 51(4) for “a county court or a sheriff court” substitute “ or a county court”.

(4)In section 51(6) for “the Secretary of State” substitute “ a Northern Ireland department”.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F70Sch. 8 para. 34 repealed (N.I.) (25.4.2000 in relation to sub-paras. (1)(2) and otherwiseprosp.) by S.I. 2000/1110 (N.I. 2), art. 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch. Appendix

35For section 52 substitute—E+W+S+N.I.

52 Further provisions about codes issued under section 51.

(1)In this section—

  • proposal” means a proposal made by [F71the Equality Commission for Northern Ireland] to a Northern Ireland department under section 51;

  • responsible department”—

    (a)

    in relation to a proposal, means the Northern Ireland department to which the proposal is made,

    (b)

    in relation to a code, means the Northern Ireland department by which the code is issued; and

  • statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.

(2)In preparing any proposal, the Council shall consult—

(a)such persons (if any) as the responsible department has specified in making its request to the Council; and

(b)such other persons (if any) as the Council considers appropriate.

(3)Before making any proposal the Council shall publish a draft, consider any representations made to it about the draft and, if it thinks it appropriate, modify its proposal in the light of any of those representations.

(4)Where the Council makes any proposal, the responsible department may—

(a)approve it;

(b)approve it subject to such modifications as that department thinks appropriate; or

(c)refuse to approve it.

(5)Where the responsible department approves any proposal (with or without modifications) that department shall prepare a draft of the proposed code and lay it before the Assembly.

(6)If, within the statutory period, the Assembly resolves not to approve the draft, the responsible department shall take no further steps in relation to the proposed code.

(7)If no such resolution is made within the statutory period, the responsible department shall issue the code in the form of its draft.

(8)The code shall come into force on such date as the responsible department may appoint by order.

(9)Subsection (6) does not prevent a new draft of the proposed code from being laid before the Assembly.

(10)If the responsible department refuses to approve a proposal, that department shall give the Council a written statement of the department’s reasons for not approving it.

(11)The responsible department may by order revoke a code..

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Amendments (Textual)

F71Words in amendment in Sch. 8 para. 35 substituted (1.10.1999) by 1998 c. 47, s. 99, Sch. 13 para. 16(2)(a) (with s. 95); S.I. 1999/2204, art. 3

36(1)In section 53 for “Secretary of State” wherever it occurs substitute “ Department of Economic Development”.E+W+S+N.I.

(2)In section 53(1) for “he” substitute “it”.

(3)In section 53(5) for “a county court or a sheriff court” substitute “ or a county court”.

37For section 54 substitute—E+W+S+N.I.

54 Further provisions about codes issued under section 53.

(1)In preparing a draft of any code under section 53, the Department shall consult such organisations representing the interests of employers or of disabled persons in, or seeking, employment as the Department considers appropriate.

(2)Where the Department proposes to issue a code, the Department shall publish a draft of the code, consider any representations that are made to the Department about the draft and, if the Department thinks it appropriate, modify its proposals in the light of any of those representations.

(3)If the Department decides to proceed with the code, the Department shall lay a draft of it before the Assembly.

(4)If, within the statutory period, the Assembly resolves not to approve the draft, the Department shall take no further steps in relation to the proposed code.

(5)If no such resolution is made within the statutory period, the Department shall issue the code in the form of its draft.

(6)The code shall come into force on such date as the Department may appoint by order.

(7)Subsection (4) does not prevent a new draft of the proposed code from being laid before the Assembly.

(8)The Department may by order revoke a code.

(9)In this section—

  • the Department” means the Department of Economic Development; and

  • statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954..

38In section 56(2) and (4) for “Secretary of State” substitute “ Department of Economic Development”.E+W+S+N.I.

39In section 59(1) after “Crown” where it twice occurs insert “ or a Northern Ireland department”.E+W+S+N.I.

40(1)In section 60(1) to (3) for “Secretary of State” wherever it occurs substitute “ Department of Economic Development” and for “he” and “him” wherever they occur substitute “ it”.E+W+S+N.I.

(2)In section 60(4) for “Treasury” substitute “ Department of Finance and Personnel in Northern Ireland”.

(3)For section 60(6) substitute—

(6)The Department of Economic Development may by order repeal section 17 of, and Schedule 2 to, the Disabled Persons (Employment) Act (Northern Ireland) 1945 (district advisory committees)..

(4)In section 60(7) omit “paragraph (b) of”, for “1944” substitute “ 1945”and omit “in each case”.

(5)In section 60, omit subsection (8).

41For section 61 substitute—E+W+S+N.I.

61 Amendments of Disabled Persons (Employment) Act (Northern Ireland) 1945.

(1)Section 15 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 (which gives the Department of Economic Development power to make arrangements for the provision of supported employment) is amended as set out in subsections (2) to (5).

(2)In subsection (1)—

(a)for “persons registered as handicapped by disablement” substitute “ disabled persons”;

(b)for “their disablement” substitute “ their disability”; and

(c)for “are not subject to disablement” substitute “ do not have a disability”.

(3)In subsection (2) for the words from “any of one or more companies” to “so required and prohibited” substitute “ any company, association or body”.

(4)After subsection (2) insert—

(2A)The only kind of company which the Department itself may form in exercising its powers under this section is a company which is—

(a)required by its constitution to apply its profits, if any, or other income in promoting its objects; and

(b)prohibited by its constitution from paying any dividend to its members..

(5)After subsection (5) insert—

(5A)For the purposes of this section—

(a)a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and

(b)disability” has the same meaning as in that Act..

(6)The provisions of section 16 of the Act of 1945 (preference to be given under section 15 of that Act to ex-service men and women) shall become subsection (1) of that section and at the end insert— and whose disability is due to that service.

(2) or the purposes of subsection (1) of this section, a disabled person’s disability shall be treated as due to service of a particular kind only in such circumstances as may be prescribed.

(7)The following provisions of the Act of 1945 shall cease to have effect—

(a)section 1 (definition of “disabled person”);

(b)sections 2 to 4 (training for disabled persons);

(c)sections 6 to 8 (the register of disabled persons);

(d)sections 9 to 11 (obligations on employers with substantial staffs to employ quota of registered persons);

(e)section 12 (the designated employment scheme for persons registered as handicapped by disablement);

(f)section 13 (interpretation of provisions repealed by this Act);

(g)section 14 (records to be kept by employer);

(h)section 19 (proceedings in relation to offences);

(j)sections 21 and 22 (supplementary).

(8)Any statutory provision in which “disabled person” is defined by reference to the Act of 1945 shall be construed as if that expression had the same meaning as in this Act.

42(1)In section 62(2) for “Secretary of State” substitute “ Department of Economic Development”.E+W+S+N.I.

[F72(2)In section 62(7) for “Great Britain” where it twice occurs substitute “ Northern Ireland”.]

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Amendments (Textual)

F72Sch. 8 para. 42(2) repealed (N.I.)(24.9.1996) by S.I. 1996/1921 (N.I.18), art. 28, Sch. 3 (with Sch. 2)

43Omit section 63.E+W+S+N.I.

44(1)In section 64(3) for “England and Wales” substitute “ Northern Ireland”.E+W+S+N.I.

(2)Omit section 64(4).

(3)In section 64(5)(a) omit the words from “, the British” to the end.

(4)In section 64(8)—

(a)omit the definitions of “British Transport Police”, “Royal Parks Constabulary” and “United Kingdom Atomic Energy Authority Constabulary”;

(b)in the definition of “the 1947 Act” at the end add “ as it applies both in relation to the Crown in right of Her Majesty’s Government in Northern Ireland and in relation to the Crown in right of Her Majesty’s Government in the United Kingdom”;

(c)in the definition of “fire brigade” for the words from “means” to the end substitute “ has the same meaning as in the Fire Services (Northern Ireland) Order 1984”;

(d)in the definition of “prison officer” for the words from “means” to the end substitute “ means any individual who holds any post, otherwise than as a medical officer, to which he has been appointed under section 2(2) of the Prison Act (Northern Ireland) 1953 or who is a prison custody officer within the meaning of Chapter III of Part VIII of the Criminal Justice and Public Order Act 1994”;

(e)in the definition of “service for purposes of a Minister of the Crown or government department” at the end add “ or service as the head of a Northern Ireland department”.

45Omit section 65.E+W+S+N.I.

46For section 67 substitute—E+W+S+N.I.

67 Regulations and orders etc.

(1)Any power under this Act to make regulations or orders shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(2)Any such power may be exercised to make different provision for different cases, including different provision for different areas or localities.

(3)Any such power, includes power—

(a)to make such incidental, supplementary, consequential or transitional provision as appears to the Northern Ireland department exercising the power to be expedient; and

(b)to provide for a person to exercise a discretion in dealing with any matter.

(4)F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Any other order made under this Act, other than an order under section 3(9), [F7454A(6)(a)] or 70(3), and any regulations made under this Act shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.

(6)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 shall apply in relation to any instrument or document which by virtue of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.

(7)Subsection (1) does not require an order under section 43 which applies only to a specified vehicle, or to vehicles of a specified person, to be made by statutory rule.

(8)Nothing in section 40(6) or 46(5) affects the powers conferred by subsections (2) and (3).

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Amendments (Textual)

F73S. 67(4) (as it has effect in its application to Northern Ireland by virtue of s. 70(6), Sch. 8 paras. 1, 46) repealed (25.4.2000) by S.I. 2000/1110, art. 16, Sch. 2; S.R. 2000/140, art. 2, Sch. Appendix

F74Words in s. 67(5) (as it has effect in its application to Northern Ireland by virtue of s. 70(6), Sch. 8 paras. 1, 46) substituted (25.4.2000) by S.I. 2000/1110, art. 15 (with art. 17); S.R. 2000/140, art.2, Sch.

47(1)For section 68(1) substitute—E+W+S+N.I.

(1)In this Act—

  • accessibility certificate” means a certificate issued under section 41(1)(a);

  • act” includes a deliberate omission;

  • the Agency” means the Labour Relations Agency;

  • approval certificate” means a certificate issued under section 42(4);

  • the Assembly” means the Northern Ireland Assembly;

  • benefits”, in Part II, has the meaning given in section 4(4);

  • the Department of Economic Development” means the Department of Economic Development in Northern Ireland;

  • the Department of the Environment” means the Department of the Environment for Northern Ireland;

  • the Department of Health and Social Services” means the Department of Health and Social Services for Northern Ireland;

  • employment” means, subject to any prescribed provision, employment under a contract of service or of apprenticeship or a contract personally to do work and related expressions are to be construed accordingly;

  • employment at an establishment in Northern Ireland” is to be construed in accordance with subsections (2) to (5);

  • enactment” means any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954;

  • government department” means a Northern Ireland department or a department of the Government of the United Kingdom;

  • Minister of the Crown” includes the Treasury;

  • Northern Ireland department” includes (except in sections 51 and 52) the head of a Northern Ireland department;

  • occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993;

  • premises”, includes land of any description;

  • prescribed” means prescribed by regulations;

  • profession” includes any vocation or occupation;

  • provider of services” has the meaning given in section 19(2)(b);

  • public service vehicle” and “regulated public service vehicle” have the meaning given in section 40;

  • PSV accessibility regulations” means regulations made under section 40(1);

  • rail vehicle” and “regulated rail vehicle” have the meaning given in section 46;

  • rail vehicle accessibility regulations” means regulations made under section 46(1);

  • regulations” means—

    (a)

    in Parts I and II of this Act, section 66, the definition of “employment” above and subsections (3) and (4) below, regulations made by the Department of Economic Development;

    (b)

    in Part V of this Act, regulations made by the Department of the Environment;

    (c)

    in any other provision of this Act, regulations made by the Department of Health and Social Services.

  • section 6 duty” means any duty imposed by or under section 6;

  • section 15 duty” means any duty imposed by or under section 15;

  • section 21 duty” means any duty imposed by or under section 21;

  • taxi” and “regulated taxi” have the meaning given in section 32;

  • taxi accessibility regulations” means regulations made under section 32(1);

  • trade” includes any business;

  • trade organisation” has the meaning given in section 13;

  • vehicle examiner” means an officer of the Department of the Environment authorised by that Department for the purposes of sections 41 and 42..

[F75(2)In section 68—

(a)for subsection (2) substitute— “

(2)Where an employee does his work wholly outside Northern Ireland, his employment is not to be treated as being work at an establishment in Northern Ireland. ”; and

(b)in subsections (3) and (4) for “Great Britain” wherever it occurs substitute “Northern Ireland”.]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F75Sch. 8 para. 47(2) substituted (N.I.) (9.3.2000) by S.R. 2000/8, reg. 3

48(1)In section 70(3) for “Secretary of State” substitute “ Department of Health and Social Services”.E+W+S+N.I.

(2)In section 70(8) for “the Secretary of State” substitute “ a Northern Ireland department” and for “him” substitute “ it”.

49(1)In Schedule 1 in paragraph 7(1) for “Act 1944” substitute “ Act (Northern Ireland) 1945”.E+W+S+N.I.

(2)In Schedule 1 in paragraph 7(7) for “1944” substitute “ 1945”.

50(1)In Schedule 3 in paragraph 1—E+W+S+N.I.

(a)for “a conciliation officer” wherever it occurs substitute “ the Agency”;

(b)in sub-paragraphs (1) and (4) for “he” substitute “ it”;

(c)in sub-paragraph (3) for “the conciliation officer” substitute “ the Agency”.

(2)In Schedule 3 for paragraph 4(1) substitute—

(1)In any proceedings under section 8—

(a)a certificate signed by or on behalf of a Minister of the Crown or a Northern Ireland department and certifying that any conditions or requirements specified in the certificate were imposed by that Minister or that department (as the case may be) and were in operation at a time or throughout a time so specified; or

(b)a certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security,

shall be conclusive evidence of the matters certified..

(3)In Schedule 3 in paragraph 6(1) omit “or a sheriff court”.

(4)In Schedule 3 for paragraph 8(1) substitute—

(1)In any proceedings under section 25—

(a)a certificate signed by or on behalf of a Minister of the Crown or a Northern Ireland department and certifying that any conditions or requirements specified in the certificate were imposed by that Minister or that department (as the case may be) and were in operation at a time or throughout a time so specified; or

(b)a certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security,

shall be conclusive evidence of the matters certified..

51(1)In Schedule 4 in paragraphs 2(1) and (5) and 7(1) and (5) omit “or sisted”.E+W+S+N.I.

(2)In Schedule 4 in paragraph 4 for “Secretary of State” substitute “ Department of Economic Development”.

(3)In Schedule 4 in paragraph 6(1) omit “or, in Scotland, to the sheriff”.

(4)In Schedule 4 omit paragraph 6(2).

(5)In Schedule 4 in paragraph 9 for “Secretary of State” substitute “ Department of Health and Social Services”.

F7652. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F76Sch. 8 para. 52 repealed (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), art. 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch. Appendix

53For Schedules 6 and 7 substitute—E+W+S+N.I.

SCHEDULE 6E+W+S+N.I. Consequential Amendments

The Industrial Relations (Northern Ireland) Order 1976 (NI 16)E+W+S+N.I.

1In Article 68(6) of the Industrial Relations (Northern Ireland) Order 1976 (reinstatement or re-engagement of dismissed employees)—

(a)in the definition of “relevant complaint of dismissal”, omit “or” and at the end insert “ or a complaint under section 8 of the Disability Discrimination Act 1995 arising out of a dismissal”;

(b)in the definition of “relevant conciliation powers”, omit “or” and at the end insert “ or paragraph 1 of Schedule 3 to the Disability Discrimination Act 1995”;

(c)in the definition of “relevant compromise contract” for “or Article” substitute “ Article” and at the end insert “ or section 9(2) of the Disability Discrimination Act 1995”.

The Companies (Northern Ireland) Order 1986 (NI 6)E+W+S+N.I.

3In paragraph 9 of Schedule 7 to the Companies (Northern Ireland) Order 1986 (disclosure in directors’ report of company policy in relation to disabled persons) in the definition of “disabled person” in sub-paragraph (4)(b) for “Disabled Persons (Employment) Act (Northern Ireland) 1945” substitute “ Disability Discrimination Act 1995”.

SCHEDULE 7E+W+S+N.I. Repeals

ChapterShort titleExtent of repeal
1945 c. 6 (N.I.)The Disabled Persons (Employment) Act (Northern Ireland) 1945.Sections 1 to 4.
Sections 6 to 14.
In section 16 the words “vocational training and industrial rehabilitation courses and”, the words “courses and” and the words from “and in selecting” to “engagement”.
Section 19.
Section 21.
Section 22.
1960 c. 4 (N.I.)The Disabled Persons (Employment) Act (Northern Ireland) 1960.The whole Act.
1976 NI16The Industrial Relations (Northern Ireland) Order 1976.In Article 68(6) the word “or” in the definitions of “relevant complaint of dismissal” and “relevant conciliation powers”.

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